Title 33, Chapter 23, Section 12
( 33-23-12)
(a) Except as provided in subsection (b) of this Code section for
credit insurance licenses, and subsection (c) of this Code section
for rental companies, the Commissioner may provide by rule or
regulation for licenses of agents or subagents which are limited in
scope to specific lines or sublines of insurance as defined in this
title, and such limited license may be issued without requiring the
applicant to hold an agent's license. (b)(1) Licenses shall be issued to individual persons for the
purpose of writing credit insurance as provided in this
subsection. Applicants must be sponsored by an insurer authorized
to write credit insurance in this state, and the applicant must
certify that he or she has read and understands the provisions of
this title and regulations promulgated pursuant to this title
which are pertinent to credit insurance in this state. (2) No prelicensing education or prelicensing examination shall be
required for issuance of such license, and the insurer shall
certify that the licensee has completed a minimum of five hours of
self-study in credit insurance subjects. (3) The lines or sublines of insurance included in the scope of
authority of credit insurance licenses issued under this Code
section, whether issued as an agent or subagent license, shall
include, but not be limited to, the following: (A) Credit life and credit accident and sickness insurance; (B) Credit casualty insurance; (C) Credit property insurance; (D) Credit unemployment insurance; (E) Accidental death and dismemberment insurance; (F) Nonfiling or nonrecording insurance; (G) Vendors' single interest insurance; and (H) Any other lines or sublines of insurance which may become
accepted as credit insurance by the insurance and lending
industries unless otherwise disapproved by the Commissioner. (c)(1) As used in this subsection, the term: (A) "Limited licensee" means a person or entity authorized to
sell certain coverages relating to the rental of vehicles
pursuant to the provisions of this subsection. (B) "Rental agreement" means any written agreement setting forth
the terms and conditions governing the use of a vehicle provided
by the rental company for rental or lease. (C) "Rental company" means any person or entity in the business
of providing primarily private passenger vehicles to the public
under a rental agreement for a period not to exceed 90 days.
(D) "Rental period" means the term of the rental agreement. (E) "Renter" means any person obtaining the use of a vehicle
from a rental company under the terms of a rental agreement for
a period not to exceed 90 days. (F) "Vehicle" or "rental vehicle" means a motor vehicle of the
private passenger type including passenger vans, minivans, and
sport utility vehicles, and of the cargo type, including cargo
vans, pick-up trucks, and trucks with a gross vehicle weight of
less than 26,000 pounds and which do not require the operator to
possess a commercial driver's license. (2) The Commissioner may issue to a rental company that has
complied with the requirements of this subsection a limited
license authorizing the limited licensee to offer or sell
insurance through a licensed insurer in connection with the rental
of vehicles. (3) As a prerequisite for issuance of a limited license under this
subsection, there shall be filed with the Commissioner a written
application for a limited license, signed by an officer of the
applicant, in such form or forms, and supplements thereto, and
containing such information, as the Commissioner may prescribe. (4) In the event that any provision of this subsection is violated
by a limited licensee, the Commissioner may: (A) After notice and a hearing, revoke or suspend a limited license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-23-22; or (B) After notice and a hearing, impose such other penalties,
including suspending the transaction of insurance at specific
rental locations where violations of this subsection have
occurred, as the Commissioner deems to be necessary or
convenient to carry out the purposes of this subsection. (5) The rental company licensed pursuant to paragraph (2) of this
subsection may offer or sell insurance through licensed insurers
only in connection with and incidental to the rental of vehicles,
whether at the rental office or by preselection of coverage in an
individual, master, corporate, or group rental agreement, in any
of the following general categories: (A) Personal accident insurance covering the risks of travel,
including but not limited to accident and health insurance that
provides coverage, as applicable, to renters and other rental
vehicle occupants for accidental death or dismemberment and
reimbursement for medical expenses resulting from an accident
that occurs during the rental period; (B) Liability insurance, which, at the exclusive option of the
rental company, may include uninsured and underinsured motorist
coverage whether offered separately or in combination with other
liability insurance, that provides coverage, as applicable, to
renters and other authorized drivers of rental vehicles for
liability arising from the operation of the rental vehicle; (C) Personal effects insurance that provides coverage, as
applicable, to renters and other rental vehicle occupants for
the loss of, or damage to, personal effects that occurs during
the rental period; (D) Roadside assistance and emergency sickness protection
programs; and (E) Any other travel or vehicle related coverage that a rental
company offers in connection with and incidental to the rental
of vehicles. (6) No insurance may be offered by a limited licensee pursuant to
this subsection unless: (A) The rental period of the rental agreement does not exceed 90
consecutive days; (B) At every rental location where rental agreements are
executed, brochures or other written materials are readily
available to the prospective renter that: (i) Summarize clearly and correctly the material terms of
coverage offered to renters, including the identity of the
insurer; (ii) Disclose that such policies offered by the rental company
may provide a duplication of coverage already provided by a
renter's personal automobile insurance policy, homeowner's
insurance policy, personal liability insurance policy, or
other source of coverage; (iii) State that the purchase by the renter of the kinds of
coverage specified in this subsection is not required in order
to rent a vehicle; and (iv) Describe the process for filing a claim in the event the
renter elects to purchase coverage and in the event of a
claim; (C) Evidence of coverage on the face of the rental agreement is
disclosed to every renter who elects to purchase such coverage. (7) Any limited license issued under this subsection shall also
authorize any employee of the limited licensee to act individually
on behalf, and under the supervision, of the limited licensee with
respect to the kinds of coverage specified in this subsection. (8) Each rental company licensed pursuant to this subsection shall
provide a training program in which employees being trained by a
licensed instructor receive basic insurance instruction about the
kinds of coverage specified in this subsection and offered for
purchase by prospective renters of rental vehicles. Additionally,
each rental company shall provide for such employees two hours of
continuing education courses annually to be taught by a licensed
instructor. A rental company shall certify that, prior to
offering such coverages, each employee has received such
instruction. (9) Notwithstanding any other provision of this subsection or any
rule adopted by the Commissioner, a limited licensee pursuant to
this subsection shall not be required to treat moneys collected
from renters purchasing such insurance when renting vehicles as
funds received in a fiduciary capacity, provided that the charges
for coverage shall be itemized and be ancillary to a rental
transaction. The sale of insurance not in conjunction with a
rental transaction shall not be permitted. (10) No limited licensee under this subsection shall advertise,
represent, or otherwise hold itself or any of its employees out as
licensed insurers, insurance agents, or insurance brokers. |